What types of defects can be corrected through a reissue application?
A reissue application can be used to correct various types of defects in an unexpired patent. While the MPEP 201.05 doesn’t provide an exhaustive list in this section, it does state that a reissue application is for “a patent to take the place of an unexpired patent that is defective.” Common defects that can be addressed through reissue include:
- Errors in the specification or drawings
- Overly broad or narrow claims
- Failure to claim priority correctly
- Inventorship issues
For a more comprehensive list and detailed explanations of correctable defects, refer to MPEP Chapter 1400, which provides a thorough treatment of reissue applications and the types of defects they can address.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure